I wrote this article for people who need to win Canadian workers compensation benefits. Every year, thousands of people struggle to navigate the overly complicated patchwork of workers’ compensation insurance programs across the nation. Many get discouraged, walk away or are wrongly denied payments. This Workers Compensation Canada guide will help if you are in any of the following situations:
- You were recently hurt at work and need to apply for workers’ compensation
- You are unsure of how the process works and aren’t sure if you qualify for payments
- Your claim was denied
- You disagree with a decision about your claim
- You want to apply but aren’t sure how a WCB approval will affect your other benefits (i.e., disability insurance, CPP disability, etc.)
Disclaimer: This guide is for general information purposes only. For more specific information, visit your provincial workers’ compensation website — links to each program are provided below.
Workers Compensation Canada guide
In Canada, the majority of workers who receive compensation will receive one or more of the following benefits: income replacement, permanent impairment, medical expenses and, in some cases compensation for pain and suffering. It is very important to understand how these benefits work and what to do if you’re denied.
Our Ultimate Guide to Workers’ Compensation Canada is meant to be a resource for Canadians who have been injured at work. It covers the process to follow when you are injured at work, the types of benefits that are available through workers’ compensation, how to apply what to do after a denial, and more.
Before we dive into the details of applying, returning to work and appealing a denial, let’s start with the basics. Starting with what even is worker compensation insurance?
What is WCB in Canada?
Typically, the acronym WCB stands for “Workers’ Compensation Board,” or, in some cases, WCB full form might be “Workers’ Compensation Bureau.” This term refers to an entity responsible for overseeing the workers compensation program within a particular region. They also handle claims, ensure compensation, and uphold legal compliance for employees affected by work-related injuries or illnesses.
So, what is Workers Compensation in Canada?
Workers’ compensation is a type of benefit for Canadians who have suffered a workplace injury or illness. In Canada, there are several workers’ compensation boards that oversee the administration of workers compensation benefits – in fact, there is one in each province and territory (i.e., WSIB in Ontario).
To be eligible for workers’ compensation payments, you must work for a covered employer and suffer a work-related injury or illness. If you qualify for workers’ compensation benefits, you can receive disability income payments to age 65 and sometimes longer. You may also qualify for other benefits, including payment of health care and equipment expenses as well as payment for pain and suffering.
Here are the workers’ compensation programs by jurisdiction in Canada:
Jurisdiction | Agency Name |
---|---|
Federal | Federal Workers’ Compensation Service |
Alberta | Worker’s Compensation Board of Alberta |
British Columbia | WorkSafe BC |
Manitoba | Workers’ Compensation Board of Manitoba |
New Brunswick | Worksafe NB |
Newfoundland and Labrador | WorkplaceNL |
Northwest Territories and Nunavut | Workers’ Compensation Board of the Northwest Territories and Nunavut |
Nova Scotia | Workers’ Compensation Board of Nova Scotia |
Ontario | Workplace Safety and Insurance Board (WSIB) |
Prince Edward Island | Workers’ Compensation Board of Prince Edward Island |
Quebec | Commission des normes, d l’équité, de la santé et de la sécurité du travial (CNESST) |
Saskatchewan | Saskatchewan Workers’ Compensation Board |
Yukon | Yukon Workers’ Compensation, Health and Safety Board |
What are workers’ compensation benefits?
Workers’ compensation benefits vary from province to province. However, they usually include a mix of income replacement payments, medical expense benefits, and, in some cases, compensation for pain and suffering. The amount you may receive varies depending on the severity of your injury, how much income you lost, province, etc.
Below, I overview each benefit in detail so you can see if you qualify or not.
Wage loss benefits
The most common benefit offered by workers’ compensation is wage loss. This benefit replaces a percentage of your working income while you are too injured to do your job. The percentage varies from province to province. However, it typically ranges from 70-85% of your pre-injury pay.
In addition, the program usually only covers income from the job you were injured at, and there is usually a cap on the benefit. So, if you earn more than the specified threshold, unfortunately, you won’t receive more money. However, if you have a disability plan through insurance, they may cover the difference. Always apply for all disability benefits available to you.
Medical expenses
Workers’ compensation also covers medical expenses associated with the claim (e.g., physiotherapy, surgery, medications, travel costs, medical devices, etc.). You can send receipts for these things, or they will set them up and preapprove them prior to the treatments. It varies from province to province. Occasionally, they will also cover travel expenses if you must travel for medical treatments.
Permanent Impairment Benefit
Another common benefit is the permanent impairment benefit. This is compensation for the fact that you are left with a permanent impairment. Workers Compensation will only make permanent injury assessments once your injury has reached maximum recovery. Maximum recovery means all available treatments have been exhausted (i.e., physiotherapy and surgeries are completed and healed). Generally, these assessments happen around two years after the injury, but again, it can vary depending on the injury and what province you live in.
The permanent injury will be assessed by an independent medical examiner selected by workers’ compensation. You will be given a percentage of total body impairment, and they will use this percentage to calculate the benefit. This benefit is vastly different in each province. Some are paid by lump sum, others are paid out monthly, and some offset your wage loss benefits. For more information on how your program calculates and pays this benefit, visit your province’s workers’ compensation website.
Rehabilitation services and programs
WCB also offers rehabilitation programs and support for workers who are trying to return to work. These programs often offer return-to-work specialists and retraining services that can help facilitate an employee’s return to work. Programs vary from province to province, so check your province’s workers’ compensation website to learn more.
The benefits listed above are the most common types of benefits from workers’ compensation. There can be others, depending on the severity of the injury, such as home care or assistance with certain tasks. To receive any type of benefits, you will need medical evidence to prove they are necessary.
How does workers’ compensation work in Canada?
For over a century, Canadian employees have been barred from suing their employers. Workers’ compensation laws in each province shield employers from legal action related to workplace injuries, even if the employer is responsible. In return for this safeguard against lawsuits, employers contribute to a workers’ compensation fund.
Each province manages these funds akin to an insurance scheme: employers pay premiums, and a governmental body administers the benefits. In the event of an employee’s injury, they apply for compensation through the workers compensation program in their province.
Each province operates its own distinct workers’ compensation program, encompassing a fund, administrative agency, and appeals tribunal. Although these provincial programs exhibit numerous similarities, there are many differences. Application processes, deadlines, procedures, and benefits can vary from one province to another. Don’t worry, though; we will cover these differences in the following paragraphs.
Workers compensation eligibility
Who qualifies for workers compensation coverage? Each provincial workers’ compensation program has its own eligibility criteria, but generally, they all include the following:
- Your employer has coverage through workers’ compensation;
- You have suffered a work-related injury or illness that requires some sort of medical attention
Approximately 91% of Canadian workers are covered by workers’ compensation. So, there is a good chance your employer is insured. The other 9% fall under “excluded” employers, industries, or jobs.
In the section below, we will overview each province’s eligibility criteria and outline the excluded employers and industries.
Want to learn more about other benefits you may qualify for or what conditions qualify for disability in Canada? Click the previous link to find out.
Workers’ compensation Ontario eligibility and exemptions
Who is eligible for workers compensation in Ontario? In order to qualify for Workplace Safety and Insurance Board (WSIB), you must:
- Work for an employer who is covered by WSIB
- Suffer a work-related injury or illness
- Report the injury to WSIB within six months of the date of your injury or six months after being diagnosed with a work-related illness (extensions are possible)
- Provide WSIB with the information required to make decisions about your claim and benefits
- Agree to share information about your functional abilities with WSIB and your employer
What are the exemptions? WSIB has a couple of exceptions. For instance, not every business is required to register for coverage; these include:
- bank, trust and insurance companies
- trade unions
- private daycare
- travel agency
- photography business
- barber shop and many hair salons
- funeral or embalming establishment
Additionally, WSIB does not extend coverage, under any circumstances, to the following individuals:
- Foreign diplomats
- Competitors in individual or team sports
- Stunt performers
- Circus performers
Workers compensation Nova Scotia eligibility and exemptions
To qualify for WCB in Nova Scotia, you must suffer a work-related injury or illness and work for an employer who is covered by the program.
Most businesses are required by law to register for workers’ compensation in Nova Scotia. The only exceptions are businesses that employ less than three employees for less than five days in a calendar year.
Workers compensation New Brunswick eligibility and exemptions
To be eligible for workers compensation in New Brunswick, you must suffer a worker-related injury or illness and work for an employer that is covered by WorkSafeNB.
The exemptions? Businesses with less than two employees and fishing businesses that have less than 24 employees.
Workers compensation Newfoundland eligibility and exemptions
To qualify for WorkplaceNL, you must
- Be an employee, not an independent contractor
- Report the injury or illness to your employer promptly
- File a claim within the 3 months from the date of injury or discovery or illness (Extensions may be granted)
- Provide medical evidence linking the injury or illness to work
- Follow all WorkplaceNL policies and procedures
What are the exceptions? The law mandates that most businesses in Newfoundland must enroll for workers’ compensation. The sole exemptions are the following:
- Persons employed at a private residence
- Persons employed by an individual in the construction or renovation of a private residence
- Professional athletes
- Commercial fishers, when engaged in off-season pursuits
Keep in mind, however, that anyone working in the industries listed above usually can qualify for optional personal coverage.
Workers compensation PEI eligibility and exemptions
To be eligible for workers compensation in PEI, you must meet the following criteria:
- Suffer a work-related injury or illness
- Work for an employer who is covered by the Workers Compensation Board of PEI
- Report the injury or illness to the employer or supervisor within five days of the incident and file a claim with the WCB within six months from the date of the incident or diagnosis. Extensions may be granted in certain circumstances.
- Follow all of Workers Compensation PEI’s policies and procedures
On Prince Edward Island, most industries are required by law to have coverage under the provincial compensation system. However, there are some exceptions.
The following occupations and industries are excluded from the application of the Workers Compensation Act except where the worker in the occupation is working in an industry that must have compensation coverage:
- Artists, entertainers or performers
- Circus operations, travelling shows and trade shows
- Clergy
- Demonstrating and exhibiting
- Employment by a person in respect of a function in the private residence of that person
- Carriers employed in delivering newspapers or other publications
- Salespersons who are not restricted to selling goods for one manufacturer or supplier
- Selling or similar canvassing on streets
- Sports professionals, players
- Volunteer workers
- Outworkers are persons to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, repaired or adapted for sale in their own home or on other premises not under the control and management of the person who gave out the articles or materials
- Transportation by taxi
- Fishing
If you are an employer from any of the industries mentioned above, you may choose to apply for Optional Coverage or Personal Coverage.
Please note: Although sports coaches and instructors, peddlers and door-to-door salespersons are excluded from the Workers Compensation Act, the Board has issued an order that the Act applies to those workers.
Workers compensation Manitoba eligibility and exemptions
To be eligible for workers compensation in Manitoba, you must:
- Work for an employer that is covered by WCB
- Suffer a work-related injury or occupational illness
- Report the injury to your employer promptly
- File a claim within 12 months from the date of injury or discovery of illness
While most businesses in Manitoba are required to have WCB coverage, some industries (for example, law, accounting and other professional service firms, recreational centres, rinks and others) are not legislated to do so. For these businesses, WCB offers Optional Coverage packages.
However, all businesses in so-called “mandatory industries” are required to register for WCB coverage. These include:
- Agriculture and Forestry
- Mines, Quarries and Oil Wells
- Manufacturing
- Construction
- Transportation, Communications and Storage
- Trade (Retail)
- Service
- Public Administration
Workers compensation Saskatchewan eligibility and exemptions
To be eligible for Saskatchewan workers compensation benefits, you must:
- suffer a work-related injury or illness that requires some sort of medical attention
- Work for an employer that is registered with WCB
- Report the injury or illness to your employer as soon as possible
- Report the injury to WCB within six months from the date of injury or discovery of the illness (extensions are possible)
Under The Workers’ Compensation Act, 2013 (the Act), all employers operating in industries covered under Saskatchewan’s legislation who hire workers on a regular, casual or contractual basis must register and create an account with WCB. Exempted industries and occupations are listed in Section 3 of the Act (Farming & Ranching) and in the Miscellaneous Regulations (all other excluded industries).
Workers compensation Alberta eligibility and exemptions
To be eligible for workers compensation in Alberta, you must:
- Work for an employer who is covered by WCB Alberta
- Suffer a work-related injury that requires some sort of medical attention
- Report the injury to your employer
- Apply for benefits within 24 months from the date of injury or discovery of the illness (extensions are possible)
Most workers in Alberta are covered by WCB; the only exceptions are:
- Outworkers
- Professional athletes
- Coaches
- Stuntpersons
- Homeowners applying for their own coverage
Workers compensation British Columbia eligibility and exemptions
To qualify for WorkSafeBC, you must suffer a work-related injury or illness and work for an employer who is covered by WCB.
Most workers and industries are required by law to register for WorkSafeBC. The exceptions? Self-employed individuals. Other than that, every other business must register for WCB in B.C.
Workers compensation Yukon eligibility and exemptions
To be eligible for workers’ compensation in Yukon, you must work for a covered employer and suffer a work-related injury or illness. In addition, you must follow all of Yukon Workers’ Compensation, Health and Safety Board’s policies and procedures, including making a claim within 12 months from the date of injury or discovery of illness (time extensions are possible).
While most businesses and workers are covered by WCB. Not all are, including
- a proprietor,
- a partner in a partnership, and
- a Yukon First Nation for elected or appointed officials
These excluded persons can apply for optional coverage if they wish.
Workers compensation payments
How much does workers compensation pay? Workers compensation payment amounts vary from province to province. However, wage-replacement benefits usually range from 70 to 85 percent of your pre-injury or illness pay. However, it may be more if you qualify for other benefits (i.e., permanent impairment, medical expense, pain and suffering, etc.)
The following is a breakdown of how much WCB’s wage loss benefits pay in each province:
Province | Percentage of pre-injury pay | Maximum Assessable Earning Amount (2023) |
---|---|---|
Ontario | 85% | $110,000 |
Nova Scotia | 75% of the first 26 weeks after the injury and 85% after yhe initial 26 weeks | $69,800 |
New Brunswick | 85% | $74,800 |
Newfoundland | 85% | $72,870 |
PEI | 90% | $65,000 |
Manitiba | 90% | $153,380 |
Saskachwan | 90% | $96,945 |
Alberta | 90% | $102,100 |
Manitiba | 90% | $153,380 |
British Columbia | 90% | $112,800 |
Yukon | 75% | $98,093 |
Keep in mind, that some provinces have different names for wage-loss benefits. For instance, WSIB refers to them as Loss of Earning (LOE) Benefits, and Nova Scotia refers to them as Temporary Earnings Replacement Benefits (TERB) and Extended Earnings Replacement Benefits (EERB). They all mean the same thing, however.
How much does WCB pay in Ontario?
If you qualify for Loss of Earning (LOE) Benefits, WSIB will pay up to 85 percent of your net earnings loss — with a maximum compensable earnings limit of $110,000 in 2023. These benefits last until you are no longer impaired or reach age 65, whichever comes first.
How much does WCB pay in Nova Scotia?
Nova Scotia WCB payment amounts can fluctuate based on multiple factors, including your eligibility for specific benefits, your pre-disability income, and the nature of the injury—whether it’s permanent or enduring. If you’re eligible solely for the Temporary Earnings Replacement Benefit (TERB), the expected amounts are:
- 75 percent of your net earnings loss for up to 26 weeks following the injury
- 85 percent of your net earnings loss after the initial 26 weeks.
Moreover, WCB provides long-term disability benefits for individuals experiencing permanent injuries or illnesses, which include:
- Permanent Impairment Benefit (PIB)
- Extended Earnings Replacement Benefit (EERB)
How much does WCB pay in New Brunswick?
For Loss of Earnings Benefits, Worksafe NB pays 85 percent of a worker’s net earnings up to a maximum of $74,800 in 2013 — up from $69,200 in 2022. Along with LOE benefits, you may also qualify for permanent impairment benefits if this injury results in a permanent loss of function.
How much does WCB pay in Newfoundland?
WorkplaceNL’s wage-loss benefits cover 85 percent of your pre-injury net earnings — up to the maximum amount. In 2023, the Maximum Assessable Earning Rate is $72,870 (up from $69,005 in 2022).
How much does WCB pay in PEI?
Prior to January 1, 2023, wage-loss benefits in PEI covered 85 percent of your pre-injury net earnings. However, now that percentage has increased to 90 percent with a maximum assessable earning rate of $65,000 (up from $58,300 in 2022).
How much does WCB pay in Manitoba?
The wage loss benefits offered by the WCB Manitoba aim to offset income loss resulting from workplace injuries. Generally, your WCB benefit rate is calculated at 90 percent of your regular take-home pay (net pay) up to the maximum amount that is adjusted annually ($153,380 in 2023).
How much does WCB pay in Saskatchewan?
WCB Saskatchewan pays earning loss benefits that cover 90 percent of your average net earnings up to our legislated maximum amount — $96,945 in 2023. The first payment on a “straightforward” claim is generally made within 14 days if all information is provided.
How much does WCB pay in Alberta?
WCB Alberta’s wage-replacement benefits are based on 90% of your net income, payable up to a maximum amount ($102,100 in 2023). This means if you earn more than the maximum, your compensation rate is based on the maximum amount.
How much does WCB pay in British Columbia?
WorkSafe BC’s wage loss benefits are designed to compensate workers who lose income due to a work-related injury or illness. If your claim for wage-loss benefits gets accepted, you will typically receive 90 percent of your calculated net earnings up to a maximum amount — $112,800 in 2023. These benefits will continue until you are able to participate in modified work and return to your usual duties or until you reach age 65.
How much does WCB pay in Yukon?
When a worker experiences a reduction in earnings due to a work-related injury, they might qualify for loss of earnings benefits. To calculate these benefits, WCB Yukon initially assesses the worker’s average earnings from employment before the work-related injury. This involves considering all earnings from employment over a period we deem appropriate. Yukon’s Workers’ compensation wage loss benefits are calculated as 75% of a worker’s weekly loss of earnings from all employment up to a maximum of $98,093 in 2023.
Interaction of Workers’ Compensation Benefits and Long-Term Disability Benefits
If you are covered by both workers’ compensation and long-term disability insurance, then it is critical that you apply to both programs. Failing to apply to both programs is a common mistake that may result in you being denied benefits under both programs. Seeking to avoid workers’ compensation claims, some employers will try to push workers into only applying for disability insurance benefits when in fact, the worker should be applying to both programs. This is a common mistake that can result in the employee being denied benefits under both programs for technical reasons, even though they are otherwise legitimately disabled.
How to apply for workers compensation benefits
Applying for WCB varies by province. Common steps include reporting the injury to your employer, seeking medical care, applying for benefits, having your doctor complete forms, cooperating with WCB, and awaiting a decision. Familiarize yourself with your province’s specific process for a smooth workers’ compensation application.
1. Report the injury to your employer
If you are hurt at work, you should immediately report the injury to your employer. Do this even if you think the injury is minor. Even if you think you will recover in a few days.
Always have paperwork to prove you told the employer about your injury. Do this by sending them an email, text message, or writing a letter to them. If you tell the employer verbally, you should follow up with a letter, email, or text to confirm. Keep copies of any document or electronic messages. That way, you will have written proof you told them.
2. Get medical care
After reporting the injury to your employer, get medical care as soon as possible. Depending on the seriousness of your injury, you should see your family doctor or go to your local emergency department. Tell the doctors the injury happened at work. Give them details. Make sure they record that your injury happened at work.
3. Apply for workers’ compensation.
Start by reporting your injury to the workers’ compensation agency in the province where you lived at the time of the injury. However, there may be exceptions to this if you were hurt on a business trip. Or if you moved to a new province after your injury.
While each province has slightly different rules, the general process to report an injury is the same. Each province has its own ‘approved’ form you must fill out. When in doubt, just contact the workers’ compensation program and ask for help.
You start your claim by filing a form with the workers’ compensation agency. In some provinces, you file the form on your own. However, in others, you and your employer must complete the form together.
The application form asks for things like your contact information, your employer’s name, information about your injury or illness, employment and work status, hours of work, and wages. It may ask to include your paystubs for the months before you stopped work.
When signing the application form, you must declare the information provided is true and accurate to the best of your knowledge. You must also consent for your doctors to give information to the workers’ compensation agency.
Most forms will ask if you have notified your employer. It is important that you notify the employer if you have not already done so you can check “yes” to this question.
You can send your application to the workers’ compensation agency by webform, mail, email, or fax. The address, email and fax numbers are usually included on the form.
Deadlines to apply for workers’ compensation benefits
All workers’ compensation programs include strict deadlines to file a claim for benefits. The deadlines can vary from program to program but are usually six months from the date of injury or illness. With some limited exceptions, it is critical that you file a claim for workers’ compensation before the deadline.
What happens if you miss the deadline for filing your application? Or if you are not sure if you missed the deadline? Should you immediately file the application?
Before taking any steps, you should get advice from a disability lawyer. Except for Prince Edward Island, the law allows for extensions of time to file late applications. But for this to happen, you must prove you meet the criteria needed for granting an extension. These criteria differ in each province, with some being more forgiving than others.
Therefore, you must be careful when submitting your late application. Some reasons for delay are acceptable, and others are not. Therefore, when requesting an extension, you must give reasons that are acceptable to your workers’ compensation agency. If you give the wrong reasons for delay, the workers’ compensation agency will refuse to give you a time extension. You will lose on a legal technicality, even though you otherwise have a legitimate workers’ compensation claim.
The deadlines for each province are as follows:
Province | Deadline to Apply from date of injury or discovery of illness | Time Extension Possible? |
---|---|---|
Alberta | 24 months | Yes |
British Columbia | 12 months | Yes |
Manitoba | 12 months | Yes |
New Brunswick | 12 months | Yes |
Newfoundland and Labrador | 3 months | Yes |
Nova Scotia | 12 months | Yes |
Nunavut and NWT | 12 months | Yes |
Ontario | 6 months | Yes |
Prince Edward Island | 6 months | Maybe |
Saskatchewan | 6 months | Yes |
The Yukon | 12 months | Yes |
Federal | Special Situation |
4. Get your doctor to complete the medical form
If you have not already done so, arrange for your doctor to fill out the workers’ compensation medical form. The best way to do this is to book an appointment with your doctor only to do this report. Most doctors will appreciate you doing it this way.
5. Cooperate with the Workers’ Compensation Agency
Upon getting your form, the Agency will assign a case manager to your claim. The case manager will review your application, your doctor’s medical report, and any other information you have given.
Before deciding on your claim, the case manager may ask for more information from you, your employer or medical providers. You should help the case manager
get this information. Failing to cooperate can result in unnecessary delays and denial of your claim.
6. Receive the decision
The process ends when the case manager makes a decision on your application. This decision can be to approve, partially approve, or deny your claim. If you disagree with the decision, you can appeal.
Now you know the process to apply for workers’ compensation. In the next section, we review how to appeal a denied claim.
Workers comp in Canada
As discussed earlier, each province has its own workers’ compensation program. The rules and benefits are unique to each program. So, for more detailed information, click on the websites provided below.
Alberta | Workers Compensation Board of Alberta 9912 017 Street PO Box 2415 Edmonton, AB T5J 2S5 Tel: 1-866-922-9221 (toll-free) Website |
British Columbia | WorksafeBC (Workers’ Compensation Board of British Columbia) Main Office: 6551 Westminster Highway General Mailing Address: PO Box 5350 Stn Terminal Vancouver, B.C. V6B 5L5 Tel: 1- 888-967-5377 (toll-free) Website |
Manitoba | Workers Compensation Board of Manitoba 333 Broadway St. Winnipeg, MB R3C 4W3 Tel: 1-855-954-4321 (toll-free) Website |
New Brunswick | WorksafeNB 1 Portland St. PO Box 160 Saint John, NB E2L 3X9 Tel: 506-632-220 Website |
Newfoundland and Labrador | Workplace Health, Safety & Compensation Commission of Newfoundland and Labrador 146-148 Forest Rd. PO Box 9000 St. John’s, NL A1A 3B8 Tel: 1-800-563-9000 (toll-free) Website |
Northwest Territories and Nunavut | Workers Compensation Board of the Northwest Territories and Nunavut 5022 49th Street, 5th Floor Centre Square Tower PO Box 8888 Yellowknife, NT X1A 2R3 Tel: (800) 661-0792 (toll-free) Website |
Nova Scotia | Workers’ Compensation Board of Nova Scotia 5668 South St. PO Box 1150 Halifax, NS B3J 2Y2 Tel: 1-800-870-3331 (toll-free) Website |
Ontario | Workplace Safety and Insurance Board Head Office 200 Front Street West Toronto, Ontario M5V 3J1 Tel: 1-800-387-0750 (toll-free) Website |
Prince Edward Island | Workers’ Compensation Board of Prince Edward Island 14 Weymouth St. PO Box 757 Charlottetown PE C1A 7L7 Tel: 1-800-237-5049 (toll-free) Website |
Quebec | Commission des norms, de l’équité, de la santé et de la sécurité due travail (CNESST) 524, rue Bourdages Quebec, Qc G1K 7E2 Tel: 844-838-0808 Website |
Saskatchewan | Saskatchewan Workers’ Compensation Board 200-1881 Scarth St. Regina, SK S4P 4L1 Tel: 1-800-667-7590 (toll-free) Website |
Yukon | Yukon Worker’s Compensation, Health and Safety Board 401 Strickland St. Whitehorse, YK Y1A 5N8 Tel: 800-661-0443 (toll-free) Website |
How long can you be on workers’ compensation in Canada?
Some workplace injuries will prevent you from returning to your previous position. The outcome of this can vary depending on the severity of the injury, what employer you work for and what types of skills, training, and education you have. If the injury is severe and prevents you from ever doing any form of work again, workers’ compensation will cover you until age 65 with continued wage loss and permanent impairment benefits. And depending on your age, they may put a percentage of your benefits away to be paid to you monthly upon turning age 65. This is designed to act as a retirement plan. For more information on this, visit the workers’ compensation website in your province.
However, keep in mind that continued long-term benefits are a last resort for them, and it will take anywhere from two to four years before this will happen. They will exhaust all possibilities prior to this. For instance, they will ensure you have tried all forms of treatment and may develop various return-to-work plans. Throughout this process, you should do your best to work with them and complete everything they’ve asked of you – within reason, of course.
If the injury prevents you from going back to your previous job, there are a few different things that can happen. For example, they may ask your employer if they can offer you a position within your restrictions. They may also ask, depending on your skills and history, to investigate other forms of employment. And they will give you information on what types of roles they believe you can do with your impairment. In some cases, they will ask you to participate in reeducation or training for a new job that you can do with your restrictions. It is especially important that you attempt these recommendations. Refusal to participate is not an option. If you truly feel it will cause harm, you need to get medical evidence to show exactly why you cannot comply with their requests. However, even then, your claim may be in jeopardy.
Final thoughts on workers’ compensation Canada
This is a general outline of the workers’ compensation programs in Canada. Each provincial workers’ compensation program has its own unique rules and requirements. So, you need to visit your provincial program’s website to learn exactly what you need to do throughout the claims process. With that said, there are a few general things everyone should keep in mind – regardless of where you live.
First, quick reporting and medical treatment are important in any disability claim, especially with workers’ compensation. There are deadlines in each province for reporting an injury, and if you do not report it within those time limits, you may be ineligible to receive any benefits for the injury. So, do not wait to report the injury! There are also deadlines to appeal a denial, so make sure to meet those deadlines as well.
It is also important to continue to treat your injury — even after your claim has been accepted. Make sure to follow up with your healthcare provider and do everything you can to get better. You must also complete all treatments outlined by workers’ compensation. However, keep your healthcare provider informed about how you are responding to these treatments. If something isn’t working, talk to your doctor about it, and you can come up with an alternative plan. Workers’ compensation just wants you to get better so you can return to work. That is their goal. So, it is important that you are doing everything you can to try and reach that goal with them.
Finally, for many people, the advocates provided by workers’ compensation are a great option. However, it is important to note that in some situations, independent representation may be a better fit.
Having trouble with a Canada workers compensation insurance claim?
So, you had your WCB claim denied; now what? As discussed in the section above, you have the right to appeal the denial, and you absolutely should. Failing to appeal could leave a lot of money that is rightfully yours on the table. If you feel your workers’ comp insurance claim was wrongfully denied, give us a call at (888) 480-9050 for a free consultation or click on the button below to schedule your free consultation at your convenience.
Resolute Legal is one of the few law firms in Canada that focus exclusively on disability claims. We can represent you in all your claims, including short-term disability, long-term disability, CPP disability, worker’s compensation, employment disputes, and the disability tax credit.
Interested in hiring a lawyer? Call our disability support team today at (888) 480-9050 today for a free consultation.
We currently only represent people in workers’ compensation cases in Ontario, Alberta, Nova Scotia, New Brunswick, and Prince Edward Island, and our workers compensation lawyers only take on clients who have been denied wage loss benefits. So, if you require different services, we recommend contacting another firm or utilizing the free legal services provided by provincial workers’ advocates.
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Canada workers comp FAQs
Does Canada have workers compensation?
Yes, each province and territory in Canada has its own workers compensation program. These programs are designed to support workers who have suffered a work-related injury or illness. The programs are managed provincially, so each one has its own rules and regulations. Visit your province’s WCB website for more information.
Who pays for workers’ compensation in Canada?
Canadian employers are responsible for paying for workers compensation benefits in Canada. This is similar to an insurance plan, where employers pay the premiums, and a government agency administers program benefits. When an employee gets injured at work or becomes ill, they apply for compensation through workers compensation.
Can you work while on WCB?
Generally, you won’t qualify for wage loss benefits if you are able to work. However, there are some exceptions. For instance, if you are only able to return to your former position at reduced hours, WCB may cover the difference, but this can get complicated.
Always consult with an experienced disability lawyer beforehand.
Does workers comp end at 65 in Canada?
If your injury or illness is severe and prevents you from ever doing any work again, workers’ compensation will cover you until age 65 for ongoing wage loss and permanent impairment benefits. Once you reach age 65, your benefits will cease.
What happens with WCB after age 65?
Once you hit age 65, your wage loss and permanent impairment benefits will end. However, many programs require that you put a percentage of your benefits away to be paid to you monthly upon turning 65. This is designed to act as a retirement plan. For more information on this, visit the workers’ compensation website in your province.
Is workers’ compensation mandatory in Canada?
No, not every business is required to register with WCB. In fact, each province has a list of “excluded” businesses and industries that are not legally mandated to purchase coverage. Check with your employer or call your provincial WCB to see if your employer has coverage.
Is WCB provincial or federal?
Workers compensation is primarily administered at the provincial level, meaning each province has its own workers’ compensation program, which includes a fund, administrative agency, and appeals tribunal. While these provincial programs share many similarities, there are important differences. The application process, deadlines, procedures, and benefits can differ in each province.
So, in short, there is no federal workers compensation system in Canada. Instead, each province and territory manages its own program.
Does workers comp cover medical bills?
Yes, WCB will provide pay for medical bills associated with your injury (i.e., physiotherapy, surgery, medications, medical devices, travel costs, etc.). In most cases, you can send receipts for these bills, or WCB will preapprove them prior to your treatments — it varies from province to province.
Can WCB force you back to work?
In some cases, yes, WCB can force you to return to work — whether that be with your former employer or a new one. They may also ask you to participate in reeducation or training for a new job that you can do with your restrictions.
It is especially important that you attempt these recommendations. Refusal to participate is not an option. If you truly feel it will cause harm, you need to get medical evidence to show exactly why you cannot comply with their requests. However, even then, your claim may be in jeopardy. We always suggest doing your best to comply with their requests unless completely necessary.
Resources and workers compensation advocate contact details
Each province and territory has a free legal clinic to represent workers who need to appeal claim denials from the workers’ compensation board. These legal clinics are funded by the provincial government but are independent of the workers’ compensation programs. Each of these legal clinics has its own rules for and criteria for who is eligible for their services. You must contact these clinics to see if they can represent you in your appeal.
Alberta | Office of the Appeals Advisor Tel: 1-866-427-0115 Website |
British Columbia | Workers Advisors Office Tel: 800-663-4261 Website |
Manitoba | Worker Advisor Office Tel: 1-800-282-8069 Website |
New Brunswick | Worker’s Advocate Email: [email protected] Website |
Newfoundland and Labrador | Worker’s Advisor Tel: 1-800-563-1998 Website |
Northwest Territories and Nunavut | Workers’ Advisors Office Tel: 1-866-333-9961 Website |
Nova Scotia | Workers’ Advisor Program Tel: 1-800-774-4712 Website |
Ontario | Office of the Workers Advisor Tel: 1-800-435-8980 Website |
Prince Edward Island | Worker Advisor Program Tel: 1-800-658-1806 Website |
Quebec | Service des plaints Tel: 800-361-9593 Website |
Saskatchewan | Office of the Workers’ Advocate Tel: 877-787-2456 Website |
Yukon | Worker’s Advocate Tel: 867-667-5324 Website |